Commonwealth Numbered Regulations - Explanatory Statements

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PATENTS REGULATIONS (AMENDMENT) 1993 NO. 340

STATUTORY RULES 1993 No. 340

Issued by the Authority of the Minister for Science and Small Business

Patents Act 1990

Patents Regulations (Amendment)

The Statutory Rules amend the Patents Regulations (the Regulations) to update the list of Convention countries and make minor technical and drafting amendments.

Details of the regulations made by these Statutory Rules are as follows:

Regulation 1 identifies the Patents Regulations as those to be amended.

Regulation 2 corrects a typographical error in subregulation 5.10(2).

Regulation 3 includes new regulation 22.7A in Division 2 of Part 1 of Chapter 22 of the Regulations to make it clear that costs, expenses and allowances may only be awarded under this Division in proceedings before the Commissioner of Patents.

Regulation 4 amends subregulation 22.80) of the Regulations to make it clear that the Commissioner may only award costs in proceedings to which Division 2 of Part 1 of Chapter 22 of the Regulations applies.

Regulation 5 substitutes a revised Schedule 4 to the Regulations that includes Belarus, Bolivia, Croatia, the Czech Republic, Kazakhstan, Latvia, Moldova, the Russian Federation, the Slovak Republic, Slovenia, Ukraine and Uzbekistan in the list of Convention countries in Part 1 in Schedule 4, declared for the purposes of the definition of "Convention country" in the Patents Act 1990 (the Act). Revised Schedule 4 also omits Czechoslovakia and the Soviet Union from Part 1, as they ceased to be declared Convention countries.

Regulation 6 substitutes revised fee items 14 and 28 of Part 2 in Schedule 7 to the Regulations to clarify their intent. There has been no change to the amount of fees payable under those items.

Subregulation 6.1 substitutes a revised fee item 14 which makes it clear that that fee item only applies when a party makes a representation to the Commissioner under subregulation 5.9(3) objecting to a proposed amendment or under subparagraph 5.10(5)(c)(i) objecting to an application or proposed action. No fee is payable if a party makes a representation agreeing to an application or a proposed amendment or action.

Subregulation 6.2 substitutes revised fee item 28 which makes it clear that that fee item applies only when an extension of time is granted on the ground specified in paragraph 223(2)(a) of the Act.

Regulation 7 amends the heading of Schedule 8 to the Regulations to include a reference to subregulation 20.30(2) of the Regulations, as it is under this provision that expenses and allowances are awarded in proceedings before the Patent Attorneys Disciplinary Tribunal.

This regulation also amends Part 2 in Schedule 8, to correct an error introduced by Statutory Rules 1993 No. 113. This regulation omits all references to the "Registrar" and substitutes "Commissioner or the Patent Attorneys Disciplinary Tribunal".

Regulation 8 is a validating provision, ensuring that an award of expenses or allowances made by the Patent Attorneys Disciplinary Tribunal under subregulation 20.30(2) or made by the Commissioner of Patents under paragraph 22.8(2)(b) on or after 1 July 1993 and before the commencement of the Regulations, has effect on and from that commencement, as if, at the time the award was made, Part 2 in Schedule 8 had been amended.